20200207 - hyflux's response to mr tay's facebook post (draft) · our response by way of...

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Page 1: 20200207 - Hyflux's response to Mr Tay's Facebook post (Draft) · our response by way of a comment to your post on your Facebook page so that your readers will know Hyflux’s position
Page 2: 20200207 - Hyflux's response to Mr Tay's Facebook post (Draft) · our response by way of a comment to your post on your Facebook page so that your readers will know Hyflux’s position
Page 3: 20200207 - Hyflux's response to Mr Tay's Facebook post (Draft) · our response by way of a comment to your post on your Facebook page so that your readers will know Hyflux’s position
Page 4: 20200207 - Hyflux's response to Mr Tay's Facebook post (Draft) · our response by way of a comment to your post on your Facebook page so that your readers will know Hyflux’s position

Email correspondence in connection with the Facebook post

On 4 Feb 2020, at 7:10 PM, < wrote:

Dear Sir,

As you are aware, we act for Hyflux Ltd.

Please find attached our self-explanatory letter of today's date.

Regards

Sarah Hew

Senior Associate

Clifford Chance Asia

Marina Bay Financial Centre

25th Floor, Tower 3

12 Marina Boulevard

Singapore 018982

Direct Dial: +65 6661 2087

Mobile: +65 8299 0752

Fax: +65 6410 2238

From: Simon tay <s

Sent: 05 February 2020 18:06

To: Hew, Sarah (L&DR-SIN) <

Subject: [EXT] Re: Letter from CL to Simon Tay

Dear Ms Hew

I’m puzzled why you think I didn’t recuse myself from the hyflux statement.

Would you kindly clarify?

As you say these are your instructions I’ve copied this to my fellow board lead independent director

KK Teo and the ceo/ chairman.

Yours sincerely

Simon Tay

Sent from my iPhone

On 6 Feb 2020, at 12:56 AM, wrote:

Dear Mr Tay

I refer to your email to our Ms Sarah Hew below.

You recused yourself only after the announcement, which you did not object to, was made.

In any case, we pointed out that it would appear that, despite having agreed to recuse yourself from

any discussion relating to WongPartnership, you considered it appropriate, as an independent

director, to publicly discuss the very same matter from which you recused yourself.

You must surely know that it is completely inconsistent for you to claim to have recused yourself

from a matter and then, while you continue to be a director of the company, to publicly discuss the

very same matter.

Page 5: 20200207 - Hyflux's response to Mr Tay's Facebook post (Draft) · our response by way of a comment to your post on your Facebook page so that your readers will know Hyflux’s position

You have also conveniently ignored the last paragraph of our letter where we asked you to publish

our response by way of a comment to your post on your Facebook page so that your readers will

know Hyflux’s position on your post.

Please publish our letter dated 4 February 2020, your reply and this response by way of comments

to your post on your Facebook page within 24 hours of this email failing which our client will publish

the series on its website where it will also state the fact that it asked you to publish these exchanges

in connection with your post, but that you have refused to do so.

Yours faithfully

Nish Shetty Partner Head, Litigation & Dispute Resolution (Asia-Pacific) Clifford Chance Marina Bay Financial Centre 25th Floor, Tower 3 12 Marina Boulevard Singapore 018982